Compliance with Stormwater Regulations

The Clean Water Act (CWA)

National Pollutant Discharge Elimination System (NPDES) Program

EPA Stormwater Multi-Sector General Permit (MSGP)

Testing and Sampling

State Specific General Permit

Module Topics

The Clean Water Act (CWA)

The Clean Water Act (CWA) The cornerstone of surface water quality protection in the

United States does not deal directly with ground water nor with water quantity

issues Employs a variety of regulatory and non-regulatory tools

to sharply reduce direct pollutant discharges into waterways finance municipal wastewater treatment facilities manage polluted runoff

Achieve the broader goal of restoring and maintaining the chemical, physical, and biological integrity of the nation's waters

Major CWA Programs

Water quality standards includes three major components: designated uses, water

quality criteria, and antidegradation provisions

Antidegradation policy policy designed to prevent deterioration of existing levels of

good water quality

Waterbody monitoring and assessment ambient monitoring is also needed to ensure that this is the case

Major CWA Programs

Reports on condition of the Nation’s waters

Total maximum daily loads (TMDLs) a strategy to meet water quality standards,

TMDLs determine what level of pollutant load would be consistent with standards

also allocates acceptable loads among sources of the relevant pollutants

Major CWA Programs

NPDES permit program for point sources

Section 319 program for nonpoint sources pollution that, unlike pollution from industrial and sewage

treatment plants, comes from many diffuse sources

Section 404 program regulating filling of wetlands and other waters lands where saturation with water is the dominant factor

determining the nature of soil development and the types of plant and animal communities living in the soil and on its surface (Cowardin, December 1979)

Major CWA Programs

Section 401 state water quality certification requires federal agencies to obtain certification from the state,

territory, or Indian tribes before issuing permits that would result in increased pollutant loads to a waterbody

State revolving loan fund (SRF) provides large amounts of money in the form of loans for

municipal point sources, nonpoint sources, and other activities

Section 101(a)(2): Establishes “fishable and swimmable” goal

Section 303(c): Establishes framework for water quality standards program and requires States to establish water quality standards

Clean Water Act Goals and Standards

Section 304(a): Requires EPA to develop and publish recommended water quality criteria

Section 301(b)(1)(C): Requires compliance with limits necessary to meet water quality standards

Healthy Waters Start withWater Quality Standards

Standards and guidelines are established to protect water for designated uses such as: drinking, recreation, agricultural irrigation, or protection and maintenance of aquatic life.

Other standards include: Protection of aquatic life, including fish, and

fish-eating wildlife such as birds

Healthy Waters Start withWater Quality Standards

Standards also drive water quality restoration activities: By determining which waterbodies must be

addressed Identifying what level of restoration is necessary Which activities need to be modified to ensure

that the waterbody meets its minimum standards By designating one or more beneficial uses for

each waterbody and establishing a set of criteria that protect those uses

Regulatory Hierarchy

Policy and Guidance

NPDES Perm its(E P A , S ta tes )

Code of Federal Regulations(E P A )

Clean W ater Act(C on g ress )

National Pollutant Discharge Elimination

System (NPDES)Program

National Pollutant Discharge Elimination System (NPDES)

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained

NPDES A national program under Section 402 of the Clean

Water Act for regulation of discharges of pollutants from point sources to waters of the United States

Discharges are illegal unless authorized by an NPDES permit.

Types of Permits

Specific NPDES program areas applicable to industrial sources are: Process Wastewater Discharges Non-process Wastewater Discharges Industrial Stormwater Program

NPDES in the Ready Mixed Concrete and Aggregates Industry

As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

What Exactly is an NPDES Permit?

It is a license . . . Issued by the government to persons conducting

business in the United States Granting permission to do something which would

be illegal in the absence of the permit

There is no right to a permit and it is revocable for cause (non-compliance)

An NPDES permit is a license to discharge

Definition of Discharge

In its simplest concept, discharge means outflow and is used as a measure of the rate at which a volume of water passes a given point it can be used to describe the flow of water from a pipe or a

drainage basin

stormwater discharge Any water runoff, snowmelt runoff, surface runoff, or

drainage that comes into contact with industrial or commercial operations/activities and enters the waters of the United States or a municipal separate storm sewer system.

All point sources

discharging pollutants

into waters of the U.S./State

Must obtain an NPDES permit from EPA or an authorized state

NPDES Statutory Framework

Authorized State Programs

Blue – NPDES obtained from EPA, Others – NPDES obtained from State Programs

Anyone who discharges pollutants or proposes to discharge pollutants to waters of the U.S. [122.21(a)]

Who Must Apply for a NPDES Permit?

Authorization to Discharge Under the NPDES

The Clean Water Act prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit

Point Source Discharges Discrete conveyances, such as pipes or man made ditches that

discharge pollutants into waters of the United States

The permit contains limits on what can be discharged, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health In essence, the permit translates general requirements of the

Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants

Two Types of Permits Individual

requires facilities to submit detailed application forms on which the permitting authority develops a facility-specific NPDES permit

General EPA's industrial stormwater general permit is known as the multi-

sector general permit (MSGP) Many States have an equivalent general permit

For example: Maryland has a Mineral Mine Permit Covers a wide range of industrial and commercial activities and

includes requirements that apply more broadly to this type of dischargers

Must first develop a Stormwater Pollution Prevention Plan (SWPPP)

Submit a Notice of Intent (NOI) Permit generally good for five years

Types of NPDES Discharges

Stormwater Process Water

Wastewater Total Suspended Solids (TSS) Settleable Solids (SS) pH Oil and grease

Combined Discharge Effluent Limits

Stormwater Runoff Stormwater is the runoff

generated from rain, melting snow, or other forms of precipitation

Polluted stormwater runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. waterbodies which do not meet water quality standards

Point Source Stormwater Discharge Associated with

Industrial Activity The discharge from any conveyance which is

used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw materials storage area at an industrial plant

Common Sources of Pollutants from Stormwater Runoff

Uncovered outside fuel dispensing Uncovered outside vehicle maintenance Contaminated or oil soaked pallets Open dumpsters or compactors Compressor or cooling system blow down discharging onto the

ground or into the sewer Uncovered loading dock platforms Uncovered storage tanks Outside storage of chemicals and/or empty containers Visible materials on roofs, driveways or sides of buildings Equipment stored outside or uncovered (machine fluids, oil, and

grease) Piles of material, including dirt, sand, aggregates, etc.

Process Water

Process Water – the wastewater generated from various processes at a facility Washing of

aggregates Truck washing Mobile equipment

cleaning stations

Process Water

Sand and gravel wash water

Quarry dewatering

Dust control water

Equipment wash water

Wheel wash water

Combined Discharge

When stormwater mixes with process water, then the mix must be treated as process water

Effluent Limits

Any restriction imposed on quantities, discharge rates, and concentrations of "pollutants" which are "discharged" from "point sources" into "waters of the United States," the waters of the "contiguous zone," or the ocean.

EPA Stormwater Multi-Sector

General Permit (MSGP)

EPA Multi-Sector General Permit (MSGP)

2008 MSGP

Effective on September 29, 2008 (Re-Issued) Covering 29 Industrial Sectors

Sector E - GLASS, CLAY, CEMENT, CONCRETE, AND GYPSUM PRODUCTS Sector J - MINERAL MINING AND DRESSING

EPA Regions Covered Alaska Idaho New Mexico New Hampshire Massachusetts DC U.S. Territories (except Virgin Islands)

EPA Multi-Sector General Permit (MSGP)

The MSGP regulates the discharge of stormwater from an estimated 4,100 industrial facilities in 29 different industrial sectors

The final permit offers several changes from the MSGP 2000, including a reorganized permit that clearly spells out:

requirements affecting the installation of stormwater controls to meet technology-based and water quality-based effluent limits

inspection and effluent monitoring requirements development of the stormwater pollution prevention plans

(SWPPPs)

EPA Multi-Sector General Permit (MSGP)

New requirements to annually report inspection findings and the results of corrective actions to EPA

Improved tools for identifying receiving waters and notifying EPA of the location of impaired waterbodies and the pollutants of concern

Fast and easy electronic submission of Notice of Intent (NOI) through the e-NOI system operated by Headquarters with automated e-mail explanations and reminders of

monitoring requirements Electronic submission of monitoring results under the e-NOI

system

Notice of Intent

Electronic (if covered under EPA’s multi-sector general permit)

Website http://cfpub.epa.gov/npdes/stormwater/enoi.cfm

Notice of Intent

Testing and Sampling

Water Quality Regulations For aggregate operations:

Limits on sediment (total suspended solids {tss} and settleable solids {ss})

Limits the pH of process wastewater and mine pit discharges to waterways

For ready mixed operations: Limits on suspended solids Limits the pH and oil

The limits are attainable respectively by settling, neutralization, and flotation

VIDEO

Testing Temperature

Flow

pH (Hydrogen Ion)

Settleable Solids (SS)

Total Suspended Solids (TSS)

Oil & Grease/TPH

Table 1. Common Activities, Pollutant Sources, and Associated Pollutants at Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities (continued)

Activity Pollutant Source Pollutant

Concrete Product Manufacturing

Storage of materials Exposed aggregate (sand and gravel), concrete, shale, clay, limestone, slate, slag, and pumice

TSS, COD, pH

Material handling Exposed aggregate, concrete, shale, clay, limestone, slate, slag, and pumice as well as spills or leaks of cement, fly ash, admixtures and baghouse settled dust

TSS, COD, pH, lead, iron, zinc

Mixing concrete Spilled aggregate, cement, and admixture TSS, pH, COD, lead, iron, zinc

Casting/forming concrete products

Concrete, aggregate, form release agents, reinforcing steel, latex sealants, and bitumastic coatings

TSS, pH, O&G, COD, BOD

Vehicle and equipment washing

Residual aggregate, concrete, admixture, O&G in washwater TSS, pH, COD, O&G

Storage of materials Exposed gypsum rock, synthetic gypsum, recycled gypsum and wallboard, stucco, perlite ore/expanded perlite, and coal

TSS, COD, pH

Material handling Exposed or spilled gypsum rock, synthetic gypsum, recycled gypsum and wallboard, stucco, perlite ore/expanded perlite, and coal

TSS, pH, COD

Crushing/grinding of gypsum rock

Exposed or spilled gypsum rock and dust TSS, pH

All Facilities

Equipment/vehicle maintenance

Leaks or spills of gasoline, diesel, fuel, and fuel oil O&G, BOD, COD

Parts cleaning COD, BOD, O&G, pH

Waste disposal of solvents, oily rags, oil and gas filters, batteries, coolants, and degreasers

O&G, lead, iron, zinc, aluminum, COD, pH

Fluid replacement including lubricating fluids, hydraulic fluid, oil transmission fluid, radiator fluids, solvents, and grease

O&G, arsenic, lead, cadmium, chromium, COD, benzene

Vehicle fueling Gas/diesel fuel, fuel additives

Temperature

The amount of oxygen that can dissolve in water is limited by the temperature of the water. The colder the water, the more oxygen it can hold. However, even at the warmest temperatures seen in the

Chesapeake Bay (around 91o), water is capable of having dissolved oxygen concentrations of 6 to 7 mg/L. So while high water temperatures can affect dissolved oxygen

levels, they are not solely responsible for the low-oxygen areas found in the Bay each summer.

Elevated temperatures impacts aquatic life.

Flow

Flow directly affects the amount of oxygen dissolved in the water

Higher volumes of faster moving water increases the turbulent diffusion of atmospheric oxygen into the water

Low flow conditions are much less conducive to oxygenation and when water temperature is high, dissolved oxygen (DO) levels can become critically low

The amount of sediment and debris a stream can carry also depends on its flow since higher velocity increases stream bank and stream channel scouring and erosion, and also keeps particulate materials suspended in the water

Measured Flow

The general permit authorizes the discharge of material washing water to surface water or ground water, and of water pumped from mine pits, and stormwater runoff to surface water.

For concrete plants, it authorizes the discharge of excess process water, stormwater, and equipment and mixer-truck wash water to ground water or surface water.

pH

A pH range of 6.0 to 9.0 appears to provide protection for the life of freshwater fish and bottom dwelling invertebrates

http://waterontheweb.org/under/waterquality/pH.html

Impact of High pH

pH measures hydrogen ions in liquids Logarithmic scale (like Richter Scale) Example pH readings (scale is 0-14)

7 – Distilled Water 10 – Kills Fish 12 – Concrete Washout 12.5 – Hazardous Waste

Washout is 100,000 times more concentrated than distilled water

Sediment Pollution

Silt Sand Gravel Stones Boulders

Sediment

Discharges from mines, quarries, borrow pits, and concrete plants can significantly impact surface waters because of sediment in water and runoff from material storage and handling areas.

Ready mixed operations can generate sediment-laden and caustic wastewater.

Sediment

Limits on sediment (total suspended solids (tss) and settleable solids (ss) are in place to contain the flow of sediment into water

Oil and Grease

The general permit for all operations requires “NO VISIBLE SHEEN” for oil & grease or total petroleum hydrocarbons (TPH).

No oil & grease or TPH can be discharged to any waters of the State.

Testing and Sampling

Records of monitoring information shall include: The date, exact place, and time of sampling or measurements; The individual(s) who performed the sampling or measurements; The date(s) analyses were performed; The individual(s) who performed the analyses; The analytical techniques or methods used; and The results of such analyses.

Monitoring results must be conducted according to test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, unless other test procedures have been specified in the permit.

NON-COMPLIANCE

Common Violations

Failure to develop site-specific SWPPP and maintain on-site

Unauthorized discharge of process wastewaters from stone washing operations, concrete wash out pits, vehicle washing operations, and sanitary wastewaters

Failure to apply for coverage under the permit, i.e., unauthorized discharge of SWs

Effluent Violations-TSS, O/G, and pH in MSGP (state permits may have other limits as well)

Benchmark exceedences for total Iron, and TSS

Common Violations

Failure to implement permit when coverage was sought: Inadequate or missing BMPs Failure to document BMP inspections Failure to document routine facility inspections Failure to perform and document quarterly visual

outfall inspections Failure to perform and document annual

comprehensive site evaluations

After the Storm:In 2007 after a storm, sediment-laden stormwater was discharged from a development site into a local stream. The stormwater control devices did not hold up against the stormwater flow.

Non-Compliance Notification

If the facility experiences any upsets or permit non-compliances, EPA or authorized state must be notified within 24 hours by telephone

Followed up in writing within five days

This requirement becomes critical for some receiving streams

State Specific General Permit

Authorized State Programs

Maryland Department of the Environment =

Regulator

Regulations

Code of Maryland Regulations (COMAR) Title 26:

Maryland Department of the Environment

Division of State Documents

Maryland General Permits3.02 INDUSTRIAL WASTEWATER/STORMWATER GENERAL

DISCHARGE PERMITS PURPOSE

General permits with standardized permit conditions have been established for surface and ground water discharges from:

Stormwater associated with industrial activities Surface coal mines Mineral mines, quarries, borrow pits, ready mixed concrete and asphalt

plants Seafood processors Hydrostatic testing of tanks and pipelines Marinas Concentrated animal feeding operations

AUTHORITY FEDERAL: Federal Clean Water Act STATE: Environment Article, Title 9, Subtitle 3; COMAR 26.08.01 through

26.08.04.

General Permit for Discharges from Mineral Mines, Quarries, Borrow Pits and

Concrete and Asphalt Plants

This permit covers mineral mines, quarries, borrow pits, and ready mixed and asphalt (bituminous concrete) plants having wastewater discharges to surface or ground waters within the territorial boundaries of the State of Maryland

The general permit authorizes the discharge of material washing water to surface water or ground water, and of water pumped from mine pits, and stormwater runoff to surface water

For aggregate operations: Limits on sediment (total suspended solids and settleable

solids) Limits the pH of process wastewater and mine pit

discharges Temperature Flow

For ready mixed operations: Limits on total suspended solids Limits the pH and oil Flow

General Permit Fact Sheet compliance with Federal regulations found in 40

CFR 436.22.

General Permit for Discharges from Mineral Mines, Quarries, Borrow Pits and

Concrete and Asphalt Plants For concrete plants, it

authorizes the discharge of excess process water, stormwater, and equipment and mixer-truck wash water to ground water or surface water.

FACT SHEETFOR DISCHARGES FROM MINERAL MINES, QUARRIES,

BORROW PITS AND CONCRETE AND ASPHALT PLANTS***********

GENERAL DISCHARGE PERMIT NO. 00MMGENERAL NPDES PERMIT NO. MDG49

General permits are discharge permits issued for classes of discharges.

Discharges are result of a particular operation or treatment process and are very similar in effluent characteristics.

Each general permit provides effluent limitations and conditions which the dischargers must meet.

Discharges subject to the same enforcement actions as individual discharge permits.

Eligible Discharges

The discharges listed below are covered by this general permit: Infiltrated ground water pumped from mines to surface waters Process generated wastewater to surface or ground waters Stormwater runoff from mine sites, concrete plants, brick

factories with mines and asphalt plants to surface waters Wastewater from washing mixer trucks and concrete mixing

equipment to surface or ground waters Miscellaneous wastewater from spillage at ready mixed plants to

surface or ground waters

Upcoming Changes in Maryland

Making stormwater pollution prevention plans available for review (probably via website)

Changing wet weather limits to total suspended solids monitoring rather than settleable solids, except in very large storms

Addressing TMDLs differently, since many Maryland waters are sediment impaired

More information on additives used for ready mixed, may include some toxicity testing or biomonitoring for ready mixed additives 

KEEPING THE ENVIRONMENT CLEAN